Case 2:17-cv-00517-JRG Document 38-3 Filed 11/21/17 Page 1 of 2 PageID #: 427
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`DECLARATION OF JAMES RAY WOOD IN SUPPORT OF
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`DEFENDANTS’ MOTION TO DISMISS
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`I, James Ray Wood, declare under penalty of perjury as follows:
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`1.
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`I am over the age of eighteen years and competent to make this declaration.
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`2. The facts stated in this Declaration are true and correct to the best of my knowledge and belief.
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`3.
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`I am employed in the role of Chief Patent Counsel for ZTE (USA) Inc. (“ZTA”).
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`4. ZTA is a New Jersey Corporation.
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`5. ZTA’s principal place of business is located in the Northern District of Texas, at 2425 North
`Central Expressway, Suite 800, Richardson, Texas.
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`6. ZTA has no regular and established place of business in the Eastern District of Texas.
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`7. ZTA has no physical presence, such as a storefront, physical facility, or owned, leased, or rented
`office space, in the Eastern District of Texas.
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`8. ZTA has no bank accounts in the Eastern District of Texas.
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`9. ZTA does not have a registered agent within the Eastern District of Texas.
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`10. Independent customer service representatives work on ZTA’s behalf out of a call center located
`in the Eastern District of Texas. These independent customer service representatives are not
`employees of ZTA, they are employees of iQor, an independent company which is a vendor to
`ZTA. iQor services multiple other customers out of the call center, and ZTA is not the largest
`customer iQor services out of the call center.
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`11. ZTA does not own, lease, or rent the office space at the call center. ZTA does not own the
`equipment, computers, furniture, or office supplies for the call center. ZTA does not store
`products at the call center.
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`12. iQor owns, operates, and controls the call center. ZTA employees may visit the call center, but
`are not stationed there full time.
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`13. ZTA has no employee salespeople who operate out of their homes within the Eastern District of
`Texas.
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`14. ZTA has employee(s) who live in the Eastern District of Texas, and one or more of those
`employee(s) may work from home. However, ZTA does not own, lease, or otherwise exercise
`possession or control over the homes of these employees. Furthermore, these employees are
`free to live wherever they choose, as far as ZTA is concerned. As such, ZTA has not conditioned
`the employment of any ZTA employee upon continued residence in the Eastern District of Texas
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`Case 2:17-cv-00517-JRG Document 38-3 Filed 11/21/17 Page 2 of 2 PageID #: 428
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`or upon continued performance of ZTA business from his or her home in the Eastern District of
`Texas.
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`15. ZTA does not advertise or represent, internally or externally, that it has a place of business in the
`Eastern District of Texas, or that the homes of these employees are “places of business” or
`“offices” of ZTA. ZTA does not store company products in the homes of its employees and
`customers cannot obtain products from ZTA’s employee home offices.
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`16. ZTA does not employ a secretarial service within the Eastern District of Texas to assist
`employees working from their homes in the Eastern District of Texas.
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`17. ZTA realizes neither significant amount of direct revenue nor significant number of direct sales
`from customers in the Eastern District of Texas.
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`18. ZTA does not target the Eastern District of Texas with any non-charitable marketing or
`promotional efforts. ZTA does engage in generalized marketing and promotional efforts, but
`they are not targeted at the Eastern District.
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` declare under penalty of perjury that the foregoing is true and correct. Executed on:
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`Date
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`By: James Ray Wood
` Chief Patent Counsel, ZTE (USA) Inc.
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`20 Nov 2017
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